In Kimberley Group Housing Ltd v Hambley and others; Angel Services (UK) Ltd v Hambley and others EAT/0488/07 & EAT/0489/07, the EAT overturned an employment tribunal decision to split liability for employment contracts in proportion to the split in activities after a service provision change.

This week's case of the week, provided by DLA Piper, covers TUPE transfers.

transfer of undertakings | service provision changes

The Employment Appeal Tribunal (EAT) has held that an employment tribunal was correct to find that a service provision change was a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, but it erred in apportioning liability on a percentage basis between the new providers.

On 6 April 2006, the Transfer of Undertakings (Protection of Employment) Regulations 2006 introduced into statute for the first time a definition of a service provision change for transfer of undertakings purposes.

Get in touch

Connect with us

The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.

Reed Business Information Limited trading as XpertHR is an Appointed Representative of Abbey Protection Group Limited which is authorised and regulated by the Financial Conduct Authority.